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2025 Supreme(Online)(CAT) 13350

CENTRAL ADMINISTRATIVE TRIBUNAL
RAJINDER SINGH DOGRA, J, RAM MOHAN JOHRI, A
Mohd Tariq Malik – Appellant
Versus
State through Commissioner Secretary, Revenue Department, Civil Secretariat, Jammu – Respondent


Advocates:
For the Appellant: Mr. Zahid Sarfraz Malik
For the Respondents: Mr. Hunar Gupta, learned D.A.G.

Table of Content
1. factual basis for the discharge of the applicant. (Para 1 , 2 , 3 , 4)
2. distribution of duties and leaves. (Para 5)
3. mental fitness evaluation for service. (Para 6 , 8 , 9 , 10)
4. legal permissibility of dismissal without inquiry. (Para 7)
5. final ruling of the tribunal. (Para 11)

ORDER

Per: - Rajinder Dogra, Judicial Member

1. The SWP/WP(C) No. 744/2016 was transferred from the Hon’ble High Court of Jammu and Kashmir at Jammu and was registered as T.A. No. 61/8343/2021 by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court with following prayer:

“a) Writ of certiorari, quashing the order no. DC/Rsi/N/3540-47 dated 25-03-2016 passed by respondent no. 3 whereby petitioner is discharge from service same being unfair, unjust, arbitrary, in sheer violation of rules, illegal, discriminatory and without jurisdiction.

b) Writ of Mandamus commanding the respondents to reinstate the petitioner as patwari with all consequential service and monetary benefits. AND

For issuance of any other appropriate writ, order, direction or command, which this Hon’ble Court deems fit and proper in the facts and circumstances of the case in favour of the

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